While the penalties for a first impaired driving offense might not be as severe as for repeat offenders, the consequences can still be significant. According to the state’s penal code, a first offense DWI is classified as a Class “B” misdemeanor.
This means you could be facing a fine of up to $2,000, potential jail time, probation, mandatory education programs and a suspended driver’s license if you’ve been arrested for a DWI for the first time. Exploring these realities can help you understand whether or not you could potentially lose your license and the possibility of jail time.
Can you lose your license for a first DWI?
Your driving privileges may be suspended for 90 days and one year for a first-time DWI offense. One critical factor that can affect the length of your license suspension is whether you refused to submit to a blood or breath test during your arrest.
Did you know that the Lone Star State has an implied consent law? This means that by operating your vehicle and sharing the roads with other users, you agree to undergo a blood or breath test if suspected of DWI. You automatically relinquish your driving privileges if you decline the test, regardless of whether you are ultimately convicted. In such cases, the suspension period can range from 180 days to two years.
Is jail time mandatory for a first-time DWI in Texas?
Under Texas Penal Code – PENAL § 49.04, the minimum jail sentence for a first DWI conviction is 72 hours by law. However, suppose there were any aggravating factors, such as having an open alcoholic beverage within your reach at the time of the arrest. In that case, the minimum jail sentence could increase to six days.
It is important to note that, in many cases, first-time offenders are offered probation instead of jail time, especially if the offense was not associated with an accident or injury. Probation may include conditions such as:
- Attending alcohol education courses
- Performing community service
- Reporting regularly to a probation officer
Probation can last up to two years, and failure to meet the conditions can result in the revocation of probation and a potential jail sentence.
A first-time DWI in the Lone Star State should not be taken lightly, as legal and administrative penalties can be severe. Suppose you’re fighting a DWI charge; a suitable course of action is to lean on the knowledge of a reliable legal team. They can help you to seek the most favorable outcome to your unique circumstances.